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(영문) 인천지방법원 2017.11.08 2017고단6647
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 6, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Incheon District Court on May 6, 2008, a summary order of KRW 2 million for the same crime in the same court on February 12, 2010, a summary order of KRW 3.5 million for the same crime in the same court on April 4, 201, and a summary order of KRW 7 million for the same crime in the same court on November 4, 2015, respectively.

On September 9, 2017, the Defendant driven BM7 car under the influence of alcohol content of 0.109% in blood without obtaining a driver’s license on September 9, 2017, even though he had a history of driving two or more times, and proceeded with approximately 800 meters in Han-ro, Han-ro, 449 (School-Interest-dong), from the front of the new flag market located in the south-gu Incheon Metropolitan City, in the influence of alcohol concentration of 0.109% in alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes of a copy of summary order bound thereto;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in the crimes above, and the crimes of violating the Road Traffic Act which are more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Course is that the Defendant, even though 4 times of the same kind of crime, is driving a motor vehicle under the influence of alcohol, and the crime is not deemed to have been committed in violation of other traffic-related Acts and subordinate statutes.

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